tag:www.robertslawteam.com,2013-03-21:/blog/17412018-12-11T11:48:22ZMovable Type Enterprisetag:www.robertslawteam.com,2018:/blog//1741.35400792018-12-11T11:49:22Z2018-12-11T11:48:22Z
If you're accused of drug crimes, then you know it takes a strong defense to help you get through the case with the least amount of damage to your reputation and freedom. Sometimes, you can show your humanity in hopes of receiving a lighter sentence, especially if your situation involves a death.

Take, for example, the story of a dealer who took the time to warn a buyer that the drugs being sold were much stronger than normal. The Dec. 6 report stated that the buyer purchased heroin from a dealer. His mother, who discovered him dead in her home, also found a message sent to his Facebook account. The dealer stated that she was supposed to cut the heroin with another substance, but she didn't. She warned him that she thought it contained fentanyl.

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The unfortunate reality, in this case, is that the fentanyl led to an overdose that there was no recovering from. The young man, only 24, died of the lethal dose. Months later, the dealer faced charges for second-degree murder.

Authorities are beginning to charge dealers for murder when their buyers wind up dead from overdoses. In this case, the dealer doesn't think she should remain behind bars for life. Perhaps in agreement, the court allowed a plea deal. She'd face around 10 years in prison for involuntary manslaughter and drug distribution charges.

Drug charges are hard to deal with, but it's not impossible to obtain a good plea deal or support for your case. The right help makes a difference when you're accused of a crime.

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tag:www.robertslawteam.com,2018:/blog//1741.35049162018-11-09T19:43:19Z2018-11-09T19:42:19Z
Even if police accuse you of possessing only a small amount of drugs, the allegations are serious, and you could face significant punishments if the allegations result in a conviction. For this reason, North Carolina residents will want to do everything they can to defend against a drug possession charge if they can establish a viable defense strategy.

The defense of unlawful search and seizure is a particularly powerful one when it applies to your circumstances. That's because, if a defendant can show that an unlawful search and seizure occurred, he or she might be able to get the possession charges dropped.

Unlawful search and seizure is a violation of the Fourth Amendment, which requires the police to have a viable reason to stop a suspect, and a viable reason to search the subject. Without such a reason, the results of an unlawful search and seizure cannot form a legal basis for conviction.

The drugs were the property of another individual:

Sometimes those accused of drug possession were simply in the wrong place at the wrong time. These individuals may have been accused of possessing drugs that belonged to someone else. This defense could work for certain defendants who can show in court that the drugs did not, in fact, belong to them.

If you're facing inappropriate drug possession charges -- even if it appears that the evidence is stacked against you -- you might find a way to navigate your criminal process in a way that reduces the severity and/or punishments of your charges.

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tag:www.robertslawteam.com,2018:/blog//1741.34737572018-10-12T09:13:31Z2018-10-12T09:12:31Z
Imagine you lost your drug crimes trial and now you're awaiting sentencing. That's bad enough, but to make matters worse, you're innocent. You know that you didn't do the crime they've convicted you of, and you know that your criminal proceedings were completely unfair. What are your options?

You may want to look into the possibility of filing an appeal. For this, you'll need an appellate attorney. Your current defense attorney might already have the requisite skills required to pursue an appeal in your case, or you might need to call in an attorney with more experience. In many cases, your current defense attorney will work in conjunction an appellate attorney to seek the best possible result in your appeal.

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The appellate lawyer will look through the records that apply to the previous criminal case, searching for procedural errors and legal problems. The appellate attorney will then carry out detailed research to construct complex legal arguments regarding how certain details have been interpreted. This is a highly strategic process because the appellate attorney needs to successfully challenge the lower court judge's determination.

Ultimately, a criminal trial lawyer paired with a skilled appellate attorney can make for an incredible combination when it comes to the pursuit of a criminal appeal. That said, defendants who lose their drug crimes cases should not jump the gun on immediately seeking an appeal. Careful consideration and analysis need to be made before filing this kind of legal action. At our law office, we can review your criminal court documents to determine if a criminal appeal is a wise choice in your particular case.

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tag:www.robertslawteam.com,2018:/blog//1741.34621982018-10-05T04:46:33Z2018-10-05T04:45:33Z
The federal Controlled Substances Act (CSA) has established five primary classifications of drugs from Schedule I to Schedule V. Since the federal government considers the drugs in Schedule I to be the most dangerous class of drugs, these substances come with the severest punishments.

Everyone should familiarize him or herself with the various drug classifications to ensure that he or she stays away from these substances. However, there are so many drugs in the category of Schedule I -- most of which are listed by their complicated chemical names -- that it's easy to get confused. In order to keep this list as simple as possible by focusing on the most commonly found Schedule I drugs, here are the most popular drugs categorized as Schedule I under the federal system:

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Heroin

This is an extremely dangerous drug derived from the poppy flower. Heroin is highly addictive and can result in death by respiratory failure when users overdose on the substance.

Lysergic acid diethylamide (LSD)

LSD is a psychedelic drug to which the federal government has not assigned a medical purpose and considers it to be highly dangerous to users.

Marijuana (cannabis)

Marijuana has been legalized for both recreational and medicinal purposes in numerous states. However, in spite of many who laud its health benefits and safety, the federal government and North Carolina continue to classify marijuana as a highly dangerous and highly illegal substance in the Schedule I category. Due to the public's changing perspective of acceptance toward marijuana, more people are using it in North Carolina, which is leading to increased marijuana-related arrests.

3,4-methylenedioxymethamphetamine (ecstasy)

Ecstasy or "molly" creates a state of euphoria and hallucinatory experiences for its users.

Methaqualone

Methaqualone or "quaalude" is known to have a sedative or hypnotic effect on its users.

Peyote

Peyote is a cactus-derived substance that users take to experience a psychedelic effect.

If you were accused of possessing, selling or distributing Schedule I drugs, it's important to take your criminal defense seriously. Learn more about your legal rights and options now.

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tag:www.robertslawteam.com,2018:/blog//1741.34340772018-09-14T09:44:03Z2018-09-14T09:43:03Z
A sheriff's candidate and his son have been arrested and accused of committing drug crimes in Caldwell County. The 63-year-old man and his 30-year-old son were brought into custody by the Caldwell County Sheriff's Office after an investigation into their activities that lasted a month.

The arrests were the result of an undercover operation conducted by both the Caldwell County Sheriff's Office and the State Bureau of Investigations. Allegedly, covert law enforcement agents purchased illegal marijuana from the man and his son.

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Agents and deputies conducted a search of the duo's home last Wednesday, allegedly finding digital scales, ledgers, drug paraphernalia, packaging materials and individually packaged marijuana. They also claim they found cash and a .30-30 rifle.

There have not been any reports as to whether the men have acquired attorneys to represent them. As of last reports, after being jailed, they were held on $15,000 secured bond.

As with any person accused of a drug crime, there's no way to tell -- based on news reports alone -- what the true facts are relating to the allegations. In this case, therefore, we must wait before we cast judgment on the accused persons -- because more information could be revealed during the criminal proceedings. However, one thing is certain: These allegations will not bode well for this sheriff's candidate's run for office.

If you've been accused of a drug crime -- no matter the circumstances of your arrest -- make sure you understand the laws that apply to your case, the facts and evidence surrounding the charges and how to appropriately defend yourself against the allegation in court.

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tag:www.robertslawteam.com,2018:/blog//1741.34045872018-08-24T07:49:29Z2018-08-24T07:48:29Z
Drug crimes are some of the most common crimes that any individual can be accused of, but that doesn't make them any less serious. A drug crime conviction can send someone to prison for a long time if the charges are severe enough. Believe it or not, some individuals are even spending life sentences in prison for nonviolent, drug-related convictions.

Drug possession, in its simplest form, is one of the least serious drug offenses to be charged with. The severity of a drug possession charge usually relates to the type and quantity of the drugs involved. As more and more drugs are allegedly possessed by the accused person, other, more serious charges could automatically come into play, such as drug trafficking and drug dealing.

Drug paraphernalia possession

Drug paraphernalia possession is perhaps the least serious drug offense in most cases. This crime relates to the possession of any number of items that police suspect are connected with drugs. Paraphernalia could include pipes, bongs, scales, baggies, syringes and more.

Drug dealing

Drug dealing is more serious than drug and drug paraphernalia possession. It relates to the sales of drugs from one individual to another. This crime is less serious than drug trafficking; nevertheless, those accused of dealing controlled substances must take care to defend themselves against the charges carefully.

Have you been accused of a drug crime? Fortunately, you will not face any punishment related to your charges until, and only if, you are proved to be guilty beyond a reasonable doubt in court. Until this happens, you will remain innocent of the charges and have every right to defend yourself.

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tag:www.robertslawteam.com,2018:/blog//1741.33963472018-08-17T13:37:22Z2018-08-17T13:36:22Z
No matter the circumstances of your arrest, if you've been charged with drug-related crimes, you're probably feeling stressed, vulnerable and scared. These feelings are certainly expected, but it's important to calm yourself and think in a level-headed and logical fashion because you're about to make a very important decision: You need to select a suitable defense attorney to represent you in your criminal proceedings.

No doubt, you want to seek the most skilled and experienced criminal defense attorney you can find, but the selection of an attorney should never be as simple as this. Here are a few things remember when selecting your counselor-at-law:

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Don't go by stellar marketing alone: It's easy for attorneys to present themselves in a flashy and attractive way in their advertising. What's less easy, on the other hand, is for an attorney to provide the level of service that helps you feel safe and secure.

High cost doesn't always mean high-level service: You need to be able to afford your lawyer, and although money can equal quality in many circumstances, it's not always the case with attorneys. Make sure to investigate the background of your lawyer, check online reviews and ask for references from past clients.

Do you have a good sense of rapport? It's vital that you can establish an easygoing sense of trust and rapport with your lawyer. Sometimes the attorney you end up trusting is not the one you expected. However, when you can trust your attorney and know that you're in good hands, it will make a world of difference -- not only for your stress levels during litigation, but also for the potential success of your trial proceedings.

These are just three pieces of advice for selecting a great criminal defense lawyer for a drug crimes offense. There are other suggestions as well, like making sure the lawyer has a clear fee structure and that your lawyer will be available frequently -- as needed -- to talk with you personally. If you're ready to select a great criminal defense attorney, do your due diligence and hire a representative you can trust.

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tag:www.robertslawteam.com,2018:/blog//1741.33773332018-08-03T11:50:20Z2018-08-03T11:49:20Z
North Carolina university students who benefit from federal student aid need to be aware that a drug crimes conviction could have serious and negative implications for their ability to continue receiving this aid. In fact, any state or federal drug-related convictions for possession, selling or trafficking drugs will count against your eligibility for student aid -- but only if the alleged crime happens while the individual is receiving student aid.

Here's how this works in terms of timing: Imagine you're arrested for a drug crime in January while enrolled in a federal student aid program and enrolled in school. However, you weren't convicted until June when you were not in school or benefiting from aid. In this case, because you allegedly committed the crimes while enrolled and receiving benefits, the conviction will probably prevent you from receiving future benefits.

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If it happened the other way around -- and you were charged with the alleged crime and convicted while you were not enrolled -- then the conviction will not negatively affect your continued eligibility. However, if the conviction specifically relates to drug trafficking, then it will affect your eligibility even if you're not enrolled.

It used to be that student aid ineligibility caused by drug convictions was permanent. However, in 2009, the government instituted a three strikes rule. The first offense results in one year of ineligibility, the second offense results in two years of ineligibility and the third offense is permanent.

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tag:www.robertslawteam.com,2018:/blog//1741.33687272018-07-27T11:48:29Z2018-07-27T11:47:29Z
Sometimes North Carolina residents intentionally commit a crime -- perhaps by knowingly selling an illegal drug. Other times, they unintentionally commit a crime -- perhaps by accidentally walking away with someone else's cellphone or by breaking a law that they didn't know existed (or a law that they didn't fully understand). When a crime is committed by a defendant unintentionally, it's defined in two different ways by referring to it as either a "mistake in fact" or "mistake of law."

Mistake in fact

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Imagine that a defendant was selling someone a bag of marijuana, but the defendant thought he was merely selling a bag of oregano. This would be a mistake in fact. The accused person mistakenly broke the law. If the defendant can show in court that this was the case, the court may not be able to convict him or her of the alleged drug crimes. Of course, the facts would need to support the defendant's assertion. For example, if he was selling the bag of oregano for $200, it may seem apparent that he knew he was selling an illegal substance that was much more valuable than the going price of oregano.

Mistake of law

A mistake of law happens when a defendant commits an act that he or she did not know was a crime. However, in criminal court, "ignorance of the law is not a defense." Unfortunately, even if a defendant honestly thought he or she was acting lawfully, if he or she committed a crime, a court may still choose to convict him or her.

If you have been accused of a drug crime that you committed due to a mistake in fact or a mistake in law, it's important to begin organizing your criminal defense immediately. Thoroughly review all of the defense options that could apply to your case and select your course of action with care.

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tag:www.robertslawteam.com,2018:/blog//1741.33379812018-07-06T17:54:17Z2018-07-06T17:53:17Z
Federal authorities caught a man named Robert James Riley mailing LSD to a friend in 1993. The friend who received the LSD testified against Riley and received a minor sentence for the offense. Riley, on the other hand, was sentenced to life in federal prison without parole.

Riley had been a fan of the Grateful Dead during the 1970s and 1980s. In order to follow his favorite band throughout the country, he paid his way by running a small drug sales business in the parking lots of the shows. During his decades-long musical adventure, the man was arrested and convicted on two separate occasions for selling small quantities of amphetamines and weed, leading to two short jail sentences.

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When federal authorities caught him mailing weed in 1993, the offense would have normally resulted in a three-year prison sentence. However, after conviction, the judge had to consider his previous drug-related convictions when issuing the sentence. Due to a "three strikes and you're out" drug sentencing rule, he was sent to jail for life without parole. The judge, however, thought that the sentencing rules were unfair. Later, in support of the man's petition for commutation, the judge wrote, "It gives me no satisfaction that a gentle person such as Mr. Riley will remain in prison the rest of his life." But his sentence still was not commuted.

Federal drug crime convictions can lead to harsh and unfair consequences. If you've been charged with a federal drug crime, take your criminal defense seriously. It's vital that you determine the most appropriate defense strategy for your situation.

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tag:www.robertslawteam.com,2018:/blog//1741.33251462018-06-29T09:33:04Z2018-06-29T09:32:04Z
Every criminal defendant has the right to his or her day in court. In many cases, this right can be of enormous benefit to a defendant, regardless of whether the defendant will be found guilty of the crime or not. In some cases, a chance for the defendant to tell his or her version of the story – even if that version of the story involves an admission of guilt – can help the defendant in terms of the outcome of the criminal proceedings.

As a part of the criminal defense process, accused persons will usually need to tell their "story" of what took place. Here are three types of criminal defense stories that – depending on the circumstance – the defendant might choose:

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The confession

This is exactly what it sounds like. The defendant confesses to the crime, plainly and simply. Perhaps the defendant says something like this, "Yes, I admit that I stole the t-shirt from the department store." The confession story may come with some advantages. If, for example, it's the defendant's first alleged crime, the court may be more lenient on him or her when issuing its punishments.

The complete denial

Here, the defendant simply denies the allegations brought forth against him or her. When issuing a complete denial story, the defendant will usually provide evidence to back up his or her denial. For example, the defendant could use an alibi to corroborate the claim that he or she was out of town at the time the crime took place. Credit card receipts, purchase receipts or travel tickets could also be used to corroborate such a claim.

The admission and explanation

Like the "confession story," here, the defendant admits to committing the alleged action, but he or she will also have a valid explanation for why the action was performed. Maybe, for example, the defendant took a cellphone from the bar stool because it looked just like his – and he didn't intend to steal it.

Would one of these "defense stories" apply to your drug crimes criminal defense? The more you know about how the court will view your cases – given the facts and evidence at hand – the more intelligently you can select a criminal defense strategy that suits your situation.

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tag:www.robertslawteam.com,2018:/blog//1741.33000862018-06-08T12:06:35Z2018-06-08T12:05:35Z
The U.S. Attorney's Office says it wants to reduce instances of drug crime in North Carolina's Eastern District. To do so, the U.S. Attorney's Office has issued an initiative that will serve to combat drug crime throughout the area, specifically focusing on violent drug crime.

According to U.S. Attorney Robert Higdon, Eastern North Carolina will not be a home for drug dealers or criminals. The U.S. Attorney's "Take back North Carolina Initiative" represents a partnership between local, state and federal law enforcement officials along with the district attorney.

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The U.S. attorney wants to focus on aggressive and violent drug offenders first. Federal prosecutors will focus on six main areas in North Carolina, including Jacksonville, Kinston and New Bern. Attorney Higdon said, "We will not allow the progress made over the last two decades to slip through our fingers."

U.S. prosecutors in these areas will seek federal charges against accused individuals rather than state charges whenever possible. In addition to prioritizing violent crime, the prosecutors will also target crimes made against police officers. The "Take Back North Carolina Initiative" also seeks to reduce the amount of drug overdose deaths in the state. This problem, according to Higdon, is exacerbated by overprescription by doctors and unscrupulous drug dealers. The U.S. attorney plans to charge overprescribing doctors and drug dealers with murder whenever possible.

Although police and prosecutors are increasing their enforcement efforts in North Carolina, if you were accused of a drug crime, it doesn't mean you will be found guilty. You'll still be able to defend yourself against the charges during your criminal court proceedings.

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tag:www.robertslawteam.com,2018:/blog//1741.32926802018-06-04T15:00:21Z2018-06-04T14:59:21Z
It's illegal to possess drug paraphernalia – everyone knows this – but many people don't exactly know what legally constitutes drug paraphernalia. This is because anything can be drug paraphernalia given the right context. Imagine a piece of tinfoil. If the tinfoil is wrapped around a banana in the refrigerator, it's just a piece of tinfoil. If it's wrapped around an apple that's been carved out to serve as a makeshift marijuana pipe, on the other hand, and it has marijuana smoke residue inside it, then it's drug paraphernalia.

Here are a few more examples of drug paraphernalia to give you a better idea of how many common, everyday objects could become contraband if police find them in the wrong context:

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Pipes: Any kind of pipe could be used to smoke tobacco or marijuana. If police find marijuana inside the pipe, it's drug paraphernalia. If they find tobacco in it, it's not.

Water bongs: The same can be said for water bongs. If they haven't been used to smoke marijuana, they're legal to possess.

Rolling papers: Here we have another item that could be used for both legitimate and unlawful purposes. If police find a stash of marijuana in your nightstand drawer, you could be accused of drug possession. If they find rolling papers next to the marijuana, police might add a drug possession crime to your charges.

Plastic baggies: Little plastic baggies are great for stashing your vitamins while you're traveling. But they're also great for stashing heroin, especially when someone wants to sell it or purchase it. Found in the wrong context, little baggies could be drug paraphernalia.

A scale: A scale may also be a type of drug paraphernalia if police suspect it is being used to measure drugs.

If you've been accused of drug paraphernalia possession, you might be able to defend against the charges in court. Ultimately, no one in North Carolina will be convicted or punished for a drug paraphernalia possession crime until -- and only if -- he or she is proved to be guilty beyond a reasonable doubt in court.

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tag:www.robertslawteam.com,2018:/blog//1741.32878142018-05-30T15:20:01Z2018-05-30T15:21:51Z
Over the past several years, state laws across the country have moved away from harsh penalties for personal marijuana use - penalties that disproportionately affect minorities and students. Today, medical marijuana is legal in the majority of states (31, including D.C.), and recreational marijuana is legal in nine.

In North Carolina, getting busted with marijuana is still a big deal. Possession of a half-ounce or more is a class 1 misdemeanor punishable by fines and potential jail time. Get caught with 1.5 ounces or more, and you'll be facing a class 1 felony, which means up to eight months in prison and up to $1,000 in fines. Both types of convictions will result in a criminal record that could haunt you for a long time to come.

A new bill could change that.

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What the bill would accomplish: 4 takeaways

In its current form, as recently introduced in the North Carolina House of Representatives, HB 994 would roll back the criminalization of personal marijuana use in four key ways:

Possession of four ounces or less for personal use would no longer be a crime.

Possession of more than four ounces (up to 16 ounces) would be a class 1 misdemeanor.

Possession of more than a pound of marijuana would be a class 1 felony.

Anyone who was previously convicted for possessing four ounces or less could apply for expungement.

If passed, the law would go into effect in July. But it's far too soon to start celebrating. The bill's primary sponsor - Representative Kelly Alexander (D-Mecklenburg) - has introduced medical marijuana legislation every session since 2009, without success. And public opinion in North Carolina has yet to shift in favor of full-fledged legalization of recreational marijuana. According to one oft-cited Elon University poll, while 80 percent of respondents supported medical marijuana, only 45 percent supported recreational use.

Still, it's a step in the right direction, bringing greater awareness and discourse to an issue that will likely remain at the forefront during the coming election season.

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tag:www.robertslawteam.com,2018:/blog//1741.32649152018-05-11T15:59:32Z2018-05-11T15:58:33Z
Ever since the United States began its war on drugs, state and federal governments have been vigilant in policing the nation to eradicate instances of drug possession, drug sales, drug manufacturing and other violations pertaining to controlled substances. However, just because you were accused of one of these crimes does not necessarily mean that you'll be found guilty.

Here are a few useful defenses against a drug crimes charge:

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They weren't your drugs

Perhaps you were in the wrong place at the wrong time, or riding in the wrong car at the wrong time. If police found drugs within your vicinity, they might wrongly assume that the drugs were yours. A common defense involves showing that the drugs weren't yours.

An unlawful search and seizure

By virtue of the Fourth Amendment, police cannot search your home, car or person without a justifiable reason for doing so. A justifiable reason might include seeing drugs in plain view on your car seat during a traffic stop, for example. Although they don't always have to have a formal warrant to perform a search, in some cases, police might also require a warrant. If police unlawfully performed a search and seizure, the criminal charges resulting from the unlawful search could be thrown out.

Crime lab results

Sometimes results of crime lab analysis reveal that suspected drugs were not illegal substances at all.

Every drug crime case requires a unique approach for its defense. Make sure that any criminal defense you choose reflects the individual facts and circumstances surrounding your arrest.